David J. Edwards - Page 5




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          indirect beneficial ownership of all trust assets.  Petitioner              
          also continued to exercise control over the trust assets after              
          the transfers.                                                              
               Although petitioner did not recognize or report any gain               
          when he transferred his assets to these trusts, the trusts took             
          depreciation deductions on the transferred assets based on their            
          alleged fair market values at the time of transfer to the trusts            
          (rather than on the original cost or depreciated basis in                   
          petitioner’s hands).                                                        
               In 1995, the Commissioner determined that Henkell and EPS              
          were engaged in promoting illegal tax shelters designed to claim            
          excessive and/or improper deductions and assessed penalties of              
          $1,254,000 each against Henkell and EPS pursuant to section 6700.           
               In 1997, the Commissioner obtained from the U.S. District              
          Court for the Eastern District of California an injunction                  
          preventing EPS and Henkell from rendering tax shelter advice.  In           
          United States v. Estate Pres. Servs., 202 F.3d 1093 (9th Cir.               
          2000), the Court of Appeals for the Ninth Circuit affirmed the              
          injunction issued by the District Court, holding, among other               
          things, that EPS and Henkell knowingly made false statements to             
          taxpayers concerning the tax benefits of the trusts they promoted           
          as tax shelters.                                                            
               Petitioner filed Form 1040, U.S. Individual Income Tax                 
          Return, reporting $10,613 in taxable income for 1996 and $13,380            






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